High Skilled Labor
L-1B Adjudications FOIA
In May 2012, the American Immigration Council filed a FOIA request seeking records issued by USCIS and/or DHS, or used by USCIS and/or DHS, from January 2008 to the present, to instruct, train and/or guide (1) Immigration Service Officers or (2) employees of the Department of State, including… Read More
H-1B Fraud Investigations FOIA
On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit in July 2010 against DHS and USCIS seeking the public release of records concerning agency policies and procedures related to fraud investigations in the… Read More
Lawsuit Against DHS and USCIS Seeks Transparency in H-1B Lottery Process
Each year, U.S. employers seeking highly skilled foreign professional workers submit petitions on the first business day of April to U.S. Citizenship and Immigration Services (USCIS) for the limited pool of H-1B nonimmigrant visa numbers available for the coming fiscal year, which are capped at 65,000 for new hires… Read More
What You Need to Know About the Temporary Worker Bill Introduced by Senator Flake
Last week, Senator Jeff Flake (R-AZ) introduced the Willing Workers and Willing Employers Act of 2016, which would establish a 10-year guest worker pilot program. According to Flake, the bill offers new thinking on how to bridge the gap between existing temporary worker programs for seasonal workers and… Read More
H-1B Visa Cap Reached in Five Days for Fourth Consecutive Year
U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that the H-1B cap for fiscal year 2017 was reached—meaning that in five business days, U.S. employers filed more petitions for an H-1B visa to hire a skilled foreign worker than the entire year’s allocation of visas available… Read More
Microsoft Corporation – BALCA
The Council and AILA filed an amicus brief in an en banc case pending before BALCA, an administrative body at the Department of Labor that reviews denials of PERM labor certifications. The case turned on the proper interpretation of a regulation which requires employers to notify certain laid-off U.S. employees about new job opportunities before the employers are permitted to hire foreign workers. The brief focused on the agency’s failure to provide fair warning before applying a new, more restrictive interpretation of the notification requirement. Read More
Is It Time to Change the H-1B Visa Cap?
On April 1, employers will submit their petitions for H-1B visas for high-skilled temporary workers. The start of the H-1B season, when U.S. employers turn their attention toward hiring foreign talent, provides an opportunity for policymakers to consider whether it is time to change the cap on the… Read More
New Rule Improves Learning Experience for International Students With STEM Degrees
This month, the Department of Homeland Security (DHS) issued a final rule which will allow international students in certain science, technology, engineering or mathematics (STEM) fields to maximize their educational experience in the United States. The rule accomplishes this by preserving an extension of the period of time during… Read More
Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration
Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which their families came. Today, immigrants make enormous contributions to our economy and our communities—just as they always have. Yet… Read More
The Fortunes of H-1B Workers and Their Native-Born Colleagues Rise and Fall Together
There is no denying that the granting of H-1B visas for highly skilled professionals from abroad is a politically charged topic. However, the recurring controversies over H-1Bs should not obscure a well-documented fact about H-1B workers: on average, they tend to create jobs and give a wage boost to… Read More
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